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Constitutional law --- Droit constitutionnel --- Rule of law --- Règle de droit

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Rule of law --- Règle de droit --- Sociological jurisprudence --- Sociologie juridique --- Comparative law --- Droit comparé

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Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.

War and emergency powers. --- Rule of law. --- Effectiveness and validity of law. --- Constituent power. --- Emergency management. --- Crisis management in government. --- Constitutional law. --- Pouvoirs exceptionnels --- Règle de droit --- Effectivité et validité du droit --- Pouvoir constituant --- Gestion des situations d'urgence --- Droit constitutionnel --- War and emergency powers --- Rule of law --- Effectiveness and validity of law --- Constituent power --- Emergency management --- Crisis management in government --- Constitutional law --- Pouvoirs exceptionnels. --- Règle de droit. --- Effectivité et validité du droit. --- Pouvoir constituant. --- Gestion des situations d'urgence. --- Droit constitutionnel. --- Règle de droit. --- Effectivité et validité du droit.

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The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.

International commercial arbitration. --- Arbitrage commercial international --- Conflict of laws --- Arbitrage (Droit international privé) --- State courts --- Cours d'État --- International and municipal law --- Droit international et droit interne. --- Rule of law --- Règle de droit --- Arbitration and award. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Law and legislation --- Conflict of laws - Arbitration and award

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This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu).

Law. --- Law --- Constitutional law. --- Theories of Law, Philosophy of Law, Legal History. --- Legal History. --- Constitutional Law. --- History. --- Philosophy. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Jurisprudence --- Legal history --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Interpretation and construction --- History and criticism --- Law-History. --- Law—Philosophy. --- Law—History. --- Droit --- Droit constitutionnel. --- Règle de droit --- Histoire --- Histoire. --- Philosophie. --- Precedence of Constitution --- Normativity and Constitution --- Constitutional History of Europe --- Constitutionality of Revolutions --- American Constitutional History --- Constitutional Normativity --- Fundamental Laws --- Old Liberties in European History --- Unconstitutionality of Statutes --- Judicial Review --- Normativity and Precedence --- Constitutional Precedence of the 3 May System --- Constitutional Precedence and Polish Substantial Criminal Law --- 1815 Constitution of the Kingdom of Poland --- Belgian Constitution of 1831 --- 1815 Constitution of the United Kingdom of the Netherlands --- Constituent Power and Constitutionalism in 19th Century Norway --- Spirit of the Albertine Statute --- Hans Kelsen and Adolf Julius Merkl --- Règle de droit